Introduced By: Reps. Benoit, Shavers, Picard, Sherlock and C. Levesque
Date Introduced : February 3, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Title 42 of the General Laws entitled "State Affairs and Government" is hereby amended by adding thereto the following chapter:
{ADD 42-72.7-1. Short title. -- ADD} {ADD This chapter shall be known as the "Coordination of Children's Community Social Services, Education and Mental Health Services -- Pilot Program". ADD}
{ADD 42-72.7-2. Program created. -- ADD}{ADD There is hereby established within the department of children, youth and families a program to be known as "coordination of children's community social services, education and mental health: -- Pilot Program for Washington County and Pawtucket/Central Falls". ADD}
{ADD 42-72.7-3. Organization. -- ADD}{ADD The coordination of children's community social services, education and mental health pilot program shall oversee children's services councils in two (2) geographic divisions of the state. The pilot program shall be conducted in the existing Pawtucket/Central Falls local coordinating council and the existing Washington County local coordinating council. Each of the local coordinating councils which are conducting the pilot children's coordination program shall be comprised of their existing membership and may additionally include but is not limited to any combination of the below: ADD}
{ADD a former consumer child now over eighteen (18); ADD}
{ADD a present or former consumer parent or guardian; ADD}
{ADD a local school district representative ADD}
{ADD a community mental health representative; ADD}
{ADD a local representative of DCYF; ADD}
{ADD a local representative DHS; ADD}
{ADD a representative of MHRH; ADD}
{ADD a representative of an HMO providing services in the geographic area; ADD}
{ADD a representative of the department of health. ADD}
a {ADD council meeting can proceed only if at least one (1) of the consumer members listed above is present. ADD}
{ADD Each of these children's services councils shall convene community planning teams (CPTs, formerly referred to as CASSP Case Review teams) which shall be charged with the responsibility of receiving referrals of a child and family for planning purposes where the child and/or family are in need of education and/or care and treatment. The composition of the community planning team for a particular child may include but is not limited to any combination of the following: ADD}
{ADD the child, when appropriate; ADD}
{ADD ADD} {ADD the parent(s)/guardian(s) of the child; ADD}
{ADD a representative of the local education authority; ADD}
{ADD a representative of the community mental health agency which serves the geographic area in which the child resides; ADD}
{ADD a representative of the local DCYF regional office which serves the geographic area in which the child resides; ADD}
{ADD other involved service providers; ADD}
{ADD others knowledgeable about the child or invited by a parent; ADD}
{ADD others invited by any involved agency; ADD}
{ADD representative of the local DHS office which serves the geographic area in which the child resides; ADD}
{ADD a representative of MHRH; ADD}
{ADD a representative of the HMO or other health insurer which provides coverage to the child if applicable; ADD}
{ADD a present or former consumer parent or guardian who is not the parent or guardian of the child being considered by the community planning team; ADD}
{ADD a representative of the department of health when the community planning team is considering a child under the age of three. ADD}
{ADD A CPT meeting can proceed only if the child, when appropriate and/or parent/guardian is present. ADD}
{ADD 42-72.7-4. Operations. -- ADD} {ADDCommunity planning team decisions about the provision of appropriate services to a child and his/her family shall be made consistent with all relevant provisions of state and federal social service, education, and mental health laws. ADD}
{ADD (a) A community planning team will be convened to meet concerning the education and/or care and treatment needs of a particular child and family under the following conditions: ADD}
{ADD the child and/or family has education and/or care and treatment needs which have been identified and which cannot be met through the existing community social service, education or mental health service systems in isolation; and ADD}
{ADD the family or an agency working with the child desires coordinated planning and provision of merged funded public or private nonresidential or residential resources for children in need of education, care and treatment and their families; and ADD}
{ADD the family and all agencies participating in the planning process through the community planning team agree that merged funding will be accessed to provide whatever services the community planning team recommends for the child and/or family. ADD}
{ADD (b) In the case of a particular child considered by the community planning team, if a consensus is reached as to appropriate public or private nonresidential or residential services for the child in need of education, care and treatment and/or the family, any services which are not already being provided to the child and/or family under the auspices of the involved agency or agencies shall be provided under the auspices of and funded by the local coordinating council pursuant to this chapter. ADD}
{ADD (c) Services which were being provided to the child prior to the access to otherwise unavailable services through the community planning team process shall continue to be provided by the agencies which had been providing those services provided that if different services are recommended by the community planning team the agencies which have been providing services will continue a maintenance of effort for the child at the level of funding prior to access to merged funding services through the community planning team. ADD}
{ADD (d) Any agency not participating in a consensus decision of the community planning team will remain solely responsible for the funding of particular services for which the child and family may be otherwise eligible from that agency pursuant to state and federal law. ADD}
{ADD (e) Nothing in this chapter shall abridge the rights of children and families to appeal the denial of services sought from any agency or other adverse agency decisions made by any agency participating in the community planning team process pursuant to other provisions of state or federal law. ADD}
{ADD (f) Any community planning team member, whether a family or agency representative, aggrieved by any decision, action or failure to act of the community planning team shall submit the dispute to arbitration as provided for in regulations enacted pursuant to this chapter. ADD}
{ADD 42-72.7-5. Funding. -- ADD} {ADDThere is hereby established a fund within the department of children, youth and families, to be allocated to each of the two pilot program local coordinating councils, in Pawtucket/Central Falls and Washington County. This fund is to be comprised of the proportional share of funds utilized during the current fiscal year for the residential treatment of children who reside in the communities which comprise each of the two pilot program Local Coordinating Councils, which treatment is required not due to abuse or neglect of those children. The sources of these funds will include those previously utilized by the department of children, youth and families, the department of elementary and secondary education, the department of mental health, retardation and hospitals, the department of human services or other agency of state government which receives state or federal funds for children and state education funds distributed to local education authorities, to meet the programming needs of the children who are receiving specialized out of home services, not due to abuse or neglect, in the communities which comprise each of the two pilot program local coordinating councils. This fund shall be assigned on a proportional basis to the two (2) pilot program local coordinating councils and shall be expended for public or private nonresidential or residential services for children who reside in the communities which comprise each of the two pilot program local coordinating councils in need of education, care and treatment and their families. The principles and purposes of organizing the locally administered merged funding for coordinated community social service, education and mental health services for children in need of education, care and treatment and their families are as follows: ADD}
{ADD (1) To place authority for making program and funding decisions at the community level; ADD}
{ADD (2) To consolidate categorical funding and institute community responsibility for the provision of a full continuum of services; ADD}
{ADD (3) To provide flexibility in the use of funds to purchase services based on the strengths and needs of children in need of education, care and treatment and their families; ADD}
{ADD (4) To reduce disparity in accessing services and to reduce fiscal incentives for serving children in particular placements and services not necessarily directly responsive to their identified individual needs; ADD}
{ADD (5) To ensure that the funding "follows the child" and that any savings realized through the implementation of this chapter be applied to the continuing development and refinement of an appropriate continuum of community-based children's services; ADD}
{ADD (6) To ensure that funding of services for children in need of education, care and treatment and their families is based upon the achievement of specific agreed upon performance outcomes for children and families receiving those services; ADD}
{ADD (7) To create an equitable, stable and consistent allocation of funding responsibility between state and local governmental agencies sharing responsibility for children and families. ADD}
{ADD 42-72.7-6. Pilot Program -- Coordinated, individualized, appropriate child and family driven system of care. -- ADD}{ADD The coordinated, individualized, appropriate child and family driven system of care which shall be established under the two (2) pilot program local coordinating councils shall embody the following principles: ADD}
{ADD (1) Services are to be child and family driven, with priority given to keeping a child in a safe home. A child and his/her family or his/her primary caregiver shall be fully involved in all aspects of planning, decision making and delivery of services; ADD}
{ADD (2) Services are to be community based and are to be provided in the least restrictive setting consistent with the unique needs and potential of each child and his/her family. This means that services must be designed to: ADD}
{ADD (a) enable children to remain in a safe home with their families whenever possible; ADD}
{ADD (b) enable children placed in foster care or group care to remain in a foster or group care facility in their community and when no such care is available in their community to remain in care in as close proximity as possible to their usual residence; ADD}
{ADD (c) enable children placed in residential programs other than foster or group care to receive that care in as close proximity as possible to their usual residence. ADD}
{ADD (3) Services are to be comprehensive and coordinated, addressing the child's physical, educational, social and emotional needs; ADD}
{ADD (4) Services are to be culturally and ethnically competent and service effectiveness is to be assessed considering cultural and ethnic competence; ADD}
{ADD (5) The effectiveness of planning and services for a child are to be assessed based upon the attainment of specific outcomes for each child; ADD}
{ADD (6) The effectiveness of services provided to children as part of a coordinated, individualized, appropriate child and family driven system of care are to be assessed based upon aggregate performance outcomes for children and families served. ADD}
{ADD 42-72.7-7. Evaluation and assessment. -- ADD} {ADD Three percent (3%) of all funds allocated for the pilot program of coordinated community social services, education and mental health services for children and their families pursuant to this chapter shall be utilized by the local coordinating councils for evaluation and assessment of the effectiveness of services provided pursuant to this chapter. Such evaluation and assessment shall be predicated upon the specific agreed upon performance outcomes for children and families who received services pursuant to this chapter. Any funds designated pursuant to this section for evaluation and assessment and not required to be used for those purposes shall be designated for providing additional training to the local coordinating councils and community planning teams. Evaluation and assessment shall include peer agency review of the nature and effectiveness of each agency's participation in the service delivery model by the other agencies represented on the local coordinating council. ADD}
{ADD 42 -72.7-7. Information sharing -- Confidentiality. -- ADD} {ADD (a) All public agencies which have served a family or treated a child referred to a community planning team shall cooperate with this team. If an agency refers a child and family to the team that agency shall be responsible for obtaining the consent required to share agency client information with the team. After obtaining the proper consent, all agencies shall promptly deliver, upon request and without charge, such records of services, treatment or education of the child or family as are necessary for a full and informed assessment by the team. If a parent refers a child and family to the team that parent shall be provided with the necessary consent forms required for agencies to share client information with the team. ADD}
{ADD (b) Proceedings held to consider the appropriate provision of services for a particular child or family or both who have been referred to the community planning team shall be confidential and not open to the public, unless the child and family who are the subjects of the planning meeting request, in writing, that it be open. All information about specific children and families obtained by the team members in the discharge of their responsibilities to the team shall be confidential. ADD}
{ADD (c) Demographic, service and cost information which is of a non-identifying nature relating to children and families receiving services through this chapter may be gathered for reporting, assessment and evaluation purposes. ADD}
{ADD 42-72.7-9. Receipt of services not contingent upon custody determination. -- ADD} {ADD Consistent with sections 42-72-14, 14-1-11.1 and 40-11-12.1, the receipt of services or benefits under this chapter is not conditioned upon nor does it require the placement of a child in the legal custody of the department. ADD}
{ADD 42-72.7-10. Regulations. -- ADD} {ADD The department of children, youth and families shall promulgate regulations and interagency agreements necessary and sufficient to effectuate the principles and purposes of this chapter. ADD}
{ADD 42-72.7-11. Report on outcome of pilot project.-- ADD} {ADD The director shall submit a report on the operation of this pilot project to the permanent legislative oversight commission on the department of children, youth and families not later than January 1, 2000 and the commission shall make recommendations to the general assembly regarding the expansion, continuation or termination of this pilot project. ADD}
SECTION 2. This act shall take effect on January 1, 1999.
